Chapter 8.04 — OFFICIAL PLAN LINES—ELEVATIONS

The purpose of this chapter is to protect the Master Street and Highway Plan adopted by the city. The Street and Highway Plan was adopted. as prescribed by law. in order to: (A) Serve as a general guide for the development of streets and highways; (B) Promote the public welfare, safety and convenience; (C) Provide a comprehensive guide for capital outlay on streets and highway improvements in the city; (D) Provide an authentic source of information for residents and investors in the city; and (E) To obviate the menace to the public safety and the damage to property values resulting from inadequate provision of traffic thoroughfares. (1995 Code, § 8.04.010)

Official plan lines (future width lines) shall be designated on maps drawn up by the Engineer at the request of the Council, or at the request of the Planning Commission acting through the Council. The Official Plan Line Maps shall show all property divisions and buildings adjacent to the project at a scale of one inch equals 50 feet, and they shall show the existing and proposed right-of-way widths as well as a cross section of the proposed street. The maps shall be titled “Official Plan Lines of (name of street or highway)”. There shall be statements of adoption or affirmation by the Planning Commission and the Council on each map. (1995 Code, § 8.04.020)

The Engineer is hereby instructed to make and keep up to date an index map which shall show the streets or portions of streets upon which official plan lines have been established. The Clerk is hereby directed to record all duly attested Official Plan Line Maps adopted under the provisions of this chapter in the office of the County Recorder. The Engineer is hereby directed to post permanent notices at intervals of not more than 1,000 feet on streets for which precise plan lines have been adopted. The notices shall contain the following words: “The width of this street, (or other appropriate designation) is established as feet, according to the Master Street and Highway Plan of the City. All buildings or other structures hereafter erected must be outside the lines of the established width as shown on the Official Plan Line Map No. , recorded in the Office of the County Recorder, Visalia, California, a copy of which is on file in the office of the Clerk.” (1995 Code, § 8.04.030)

(A) Action by Planning Commission. In order to adopt an Official Plan Line Map, the Planning Commission shall be in receipt of the map from the Engineer and shall hold at least one public hearing thereon. Notice of this hearing shall be given in a newspaper of general circulation in the city at least ten days in advance of the hearing. The Planning Commission shall submit its findings in writing to the Council. (B) Action by Council. Upon receipt of the report from the Planning Commission, the Council shall set a date for at least one public hearing and give public notice of the hearing as prescribed by law. At such time as the hearing is concluded by

the Council, they may adopt the Official Plan Line Map as an amendment to division (C) of this section, or resubmit the map to the Planning Commission for further study. (C) Official Plan Line Maps part of chapter. Official Plan Line Maps and all the notations thereon are hereby made a part of this chapter at the time of their adoption by the Council, and the Maps constitute the divisions under this section. (1) Plan Line Map of West Inyo Street from Howard Street to West Street; (2) Plan line map of Prosperity Avenue from M Street on the west to Blackstone Street on the east and approved by the Planning Commission of the City of Tulare on March 1, 1971; (3) Plan line map of Cross Avenue from Manor Street on the west to Cherry Street on the east and approved by the Planning Commission of the City of Tulare on June 7, 1971. (1995 Code, § 8.04.040)

No building or structure shall hereafter be erected or placed within the official plan lines of streets or highways established by § 8.04.040 of this chapter, except as provided for under the following section. (1995 Code, § 8.04.050)

(A) General. The Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of § 8.04.050 of this chapter. (B) Action by appellant. (1) The owner of any property affected by established official plan lines may appeal the strict interpretation of § 8.04.050 herein. (2) The appeal should be made in writing to the Planning Commission. (C) Action by Planning Commission. Upon receipt of an appeal, the Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the city at least ten days in advance of the public hearing. At the conclusion of the public hearing, the Planning Commission shall make its recommendations by resolution in writing to the Council. In order to make a recommendation contrary to the provisions stated in § 8.04.050 herein, the Planning Commission must find: (1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance; (2) That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized; and/or (3) That the granting of the application is necessary for the preservation of substantial property rights of the individual. (D) Action by the Council. Upon receipt of the report from the Planning Commission, or upon expiration of 60 days from the time the applicant filed his or her appeal with the Planning Commission, the Council shall set a date for a public hearing thereon, with notices as required by law. At the conclusion of the public hearing, the Council may grant the applicant a variance from the provisions in § 8.04.050 of this chapter. In order to grant a variance contrary to the section, the Council must find: (1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance; (2) That the property will not earn a fair return on the owner’s investment unless the construction is authorized; and (3) That the granting of the application is necessary for the preservation of substantial property rights of the individual. (1995 Code, § 8.04.060)

(A) It shall be the duty of the official vested with the authority of issuing building permits to enforce this chapter. The official shall not issue any such permit in conflict with the terms of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. (B) Any building or structure erected or moved contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful, and a public nuisance; and the attorney shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such courts as may have jurisdiction to grant the relief, as will abate and remove the building or structure.

(1995 Code, § 8.04.070) Statutory reference: Statute authority, see Cal. Gov’t Code § 65466

The official city base or plane of reference for elevations in the city shall be the datum used by the United States Geological Survey or mean sea level. (1995 Code, § 8.04.080)

The official bench mark for the city shall be the United States Geological Survey benchmark, located in the northeast corner of the enclosure surrounding what is known as Library Hall. (1995 Code, § 8.04.090)

The elevation of the bench mark is 285 feet above mean sea level. (1995 Code, § 8.04.100)

All official elevations hereafter established in the city shall be described with reference to their elevation as compared with the official base in feet and decimal parts of a foot. (1995 Code, § 8.04.110)

No grade or official elevation shall be described or established other than by ordinance and in the manner described in this chapter. (1995 Code, § 8.04.120)